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Nominated Senator Margaret Kamar got a reprieve yesterday after the Land and Environment Court sitting in Eldoret declared her the rightful owner of a disputed prime property valued at Sh200 million in Uasin Gishu County.

In his verdict, Justice Elijah Obaga said that Prof Kamar who is the widow of late powerful Cabinet Minister Nicholas Biwott was the legal owner of the two properties measuring 50.3 hectares situated along the Eldoret-Iten highway.

“A declaration is hereby given that the defendant is the lawful registered absolute owner of LR No Sergoit (Koiwoptaoi ) Block 13/4,” declared Justice Obaga in his verdict.

He ruled that the Senator was at liberty to sell the two parcels of prime land pursuant to the aborted sale agreement she had entered into with her accuser, Wilson arap Maian, the younger brother of former State House Comptroller Abraham Kiptanui six years ago.

“The plaintiffs shall be refunded the amount paid in respect of the aborted agreement for LR No Sergoit/Koiwaptaoi Block 13/4 less the 10 per cent deposit which is forfeited to the defendant.

Justice Obaga ruled that the sale agreement between Kamar and Maina stands rescind adding that 10 per cent deposit that was paid to the senator to be forfeited to her together.

The Judge, in ruling awarded the senator general damages amounting to Sh10 million.

The complainant suffered more blows after the court issued a permanent injunction restraining him or his agent, servants or any other persons whatsoever from trespassing, entering, selling or dealing in any manner with the land parcel LR NO Sergoit/Kokwaptaoi Block 13/4.

Kamar had been entangled in a legal dispute over the ownership of the two prime parcels of land with Maina who had accused the Senator of failing to fulfill part of their sale agreement.

Maina through his company Kobilo Farm Limited took Elfam Company Limited associated with the late Biwott’s widow and her daughter Maria Soti over their failure to transfer the two parcels of land that he had bought from them in 2018.

Maina through his lawyer Patrick Kibii told the court that he entered into a sale agreement with Kamar and her daughter on July 9, 2018 in respect of the two parcels of land located in Moiben Sub County.

According to Maina, he fulfilled his part of the agreement by paying Sh194 million. The balance of Sh6 million was to be cleared upon the two defendants surrendering the property to his company.

He claimed that Kamar and her daughter failed to transfer the property to him, thus compelling him to seek legal redress.

Maina narrated how his efforts to access and utilize the parcels of land were frustrated by the defendants through their refusal to hand over to him the original title deed, KRA PIN, clearance certificate and valid rates among other crucial documents.

“I was also shocked to learn that the Senator had used the disputed property as security to secure a Sh22 million loan from the Commodities Fund which she is yet to service,” argued Maina in his affidavit.

However, in their defence in court Kamar and her daughter dismissed as untrue claims by Maina that they had gone against the transaction agreement.

They said that Maina was to blame for failing to pay the balance as agreed in the sale agreement.

Kamar faulted Maina who is a prominent trader in Uasin Gishu County for going against the sale agreement concerning the servicing of the said loan.

She argued that to the best of her knowledge she was still the legal owner of the parcels of the land noting that at no time had she transferred the same to Maina as he alleges in his court document.